France Poised To Define Rape As Lack Of Consent

France’s lower house of parliament on Thursday approved a bill to define rape as any non-consensual sexual act, paving the way for its final adoption by the Senate next week.

The move comes after the shocking case of Frenchwoman Gisele Pelicot, drugged by her then-husband, who invited dozens of strangers to rape her, reigniting a debate over consent in the country.

“This text sends a signal… We are collectively moving from a culture of rape to a culture of consent,” said centrist lawmaker Veronique Riotton, who co-sponsored the bill.

Parliament members in France’s National Assembly voted 155 to 31 in favour of the measure, with only far-right lawmakers voting against it.

The bill defines rape as any “non-consensual act”, bringing France in line with other European nations — including Germany, the Netherlands, Spain, and Sweden — that have enacted consent-based rape legislation.

Consent, it says, must be “free and informed, specific, prior and revocable”, and evaluated in light of the circumstances, noting that it cannot be inferred from “silence or lack of reaction”.

“There is no consent if the sexual act is committed through violence, coercion, threat, or surprise, whatever their nature,” the text states, incorporating wording already used in France’s current legal definition of rape.

The bill was opposed by far-right lawmakers, who criticised the changing definition of consent as “subjective, shifting and difficult to grasp”.

“Lawyers will now have to dissect not the violence of the perpetrator, but the gestures, words, and silence of the person claiming to be the victim,” said National Rally lawmaker Sophie Blanc.

But supporters of the reform say it will shift the burden onto offenders to prove there was consent, said centre-right lawmaker Emilie Bonnivard.

“When it’s not no, it doesn’t mean yes,” added Green lawmaker Marie-Charlotte Garin, who co-sponsored the bill with Riotton.

“When it’s yes, it must be a real yes… giving in will never again be consent,” she added.

The Senate is set to vote on the bill’s final adoption on Wednesday, where it is expected to pass.